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issued expiring I-94 because of expiring passport

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  • issued expiring I-94 because of expiring passport

    Hi, I have H1-B visa (valid till 2009) and also the INS approved I797A document (valid till 2009). At the port of entry (los angeles) on 05/13/07 I was given I-94 valid till this Nov 2007 because of my early passport expiration date (Nov 2007).
    Now I am getting issued driving license, which is also valid till Nov 2007 because of my I-94's early expiration date.

    early passport expiry -> early I-94 passport expiry -> early driving license expiry

    Right now I am in the process of renewal of the passport. But what should I do to extend the I-94?
    I don't want to go out of the country for this.
    I was told by 'customs and border petrol' (CBP) that I don't need to be worried as long as I have valid visa and valid I797A!
    But what do I do with driving license expiration! I need to have it valid till 2009.
    Can you please advise?

  • #2
    Apply for extension of H1B with USCIS using I539 as soon as possible.

    Get your passport renewed. Then apply for renewal of DL.

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    • #3
      Thanks for your suggestion. But I already have a valid H1B (valid till 2009).
      Why do I need to file for its extension?
      Are you talking about extension of I-94?
      In that case, I539 is not the right application for me. (I just checked)
      Last edited by agrawal; 05-26-2007, 08:53 PM.

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      • #4
        Originally posted by agrawal
        Thanks for your suggestion. But I already have a valid H1B (valid till 2009).
        Why do I need to file for its extension?
        Are you talking about extension of I-94?
        In that case, I539 is not the right application for me. (I just checked)
        You really should go and check form I-539 on the US Citizen and Immigration Services web site.

        Once you've done that, you can come back with more questions.

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        • #5
          h1-b extension

          Hi, I have a related question.
          I'm on the US on a H1-b visa for almost 6 years. After the initial 3 year period, I got an extension (form I-797), which came with it's own new I-94 and instructions to staple it to the old I-94. Since then I haven't left the US, so I have an expired H1-b visa stamp and I-94 on my passport + the I-797 3 year extension and new (blank) I-94. I'm now Applying for green card based on marriage and sending in all these expiered Visa+I-94s+I-797 to show my legal Status. Should I have gone outside the country to stamp the passport before applying for green card, or the I-797 extension with the new I-94 is good enough?


          Thank you
          Last edited by lfcunha; 05-26-2007, 10:58 PM.

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          • #6
            Originally posted by mickey_mouse
            You really should go and check form I-539 on the US Citizen and Immigration Services web site.

            Once you've done that, you can come back with more questions.
            Mickey, I already did that as I mentioned in my last post.
            Perhaps, instead of 'I just checked' I should have written that I just checked the form and read the details of 'who should use this form' at USCIS website and found that I don't fall in that category.
            Thanks for the advice though.
            Last edited by agrawal; 05-27-2007, 12:15 AM.

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            • #7
              Ifcunha, from my frequent conversations with USCIS and CBP, I can tell you that your status is perfectly legal. Because of your expired visa you might have some travel problems (for transit visa at the european airports). But you are fine to apply for green card with these documents and I believe you can get the same information by calling USCIS.
              Use these options when you call - 1-800-375-5283 - 1-2-4-0
              Tell the person that you are seeking information (not form).
              Few of them are really useless as they themself need to be informed first. But you might find someone who can guide you well.
              You can also try calling CBP at 1-877-227-5511.
              Good luck.
              Last edited by agrawal; 05-27-2007, 12:17 AM.

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              • #8
                Agrawal, thank you for your reply.

                Comment


                • #9
                  I-94 expiring before H4 expire coz of Passport expire - New York

                  Hi Agrawal,
                  I have same problem with my son. if would get solution please let me know

                  I have H-1B visa and issued on oct-2006 valid till sep 30 2009 and also I-94 valid till sep 30 2009.
                  My family with me, they have H4 visa.
                  Now Problem is with my son I-94..
                  My son's H4 issued on oct-2006 and expire on Oct-2011, Now we enter in usa in Nov-24-2006 He got I-94 card but valid date is Nov-26-2007 because his passport was expirying on Nov-27-2007. Now his passport is renewed and valid till 2012. Now WHAT TO DO WITH I-94 which is going to expire on Nov-26-2007 ?????.

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